Health Insurance (Jersey) Law 1967

HEALTH INSURANCE (JERSEY) LAW 1967

Revised Edition

26.500

Showing the law as at 1 February 2008 This is a revised edition of the law

HEALTH INSURANCE (JERSEY) LAW 1967

Arrangement

Article

PART 1  7

INTRODUCTORY  7

1 Interpretation...................................................................................................7 2 General administration....................................................................................9

PART 2  9

INSURED PERSONS  9

3 Insured persons................................................................................................9 4 Child of the family ........................................................................................10 5 Dependant wife .............................................................................................10

PART 3  10

BENEFIT  10

6 Right to benefit..............................................................................................10 7 Descriptions of benefit..................................................................................10 8 Qualifying period ..........................................................................................10 9 Medical benefit..............................................................................................10

10. Medical services............................................................................................11
11. Dental benefit................................................................................................11
12. Dental services ..............................................................................................11
13. Ophthalmic benefit........................................................................................11
14. Ophthalmic services......................................................................................12
15. Pharmaceutical benefit..................................................................................12
16. Supply of pharmaceutical benefit by approved medical practitioners or approved dentists...........................................................................................13
17. Orders in relation to benefit ..........................................................................14
18. Money benefit to be inalienable....................................................................15
19. Limitation of amount of money benefit ........................................................15
20. Claims and notices sent by post ....................................................................15

Arrangement  Health Insurance (Jersey) Law 1967

PART 4  15

HEALTH INSURANCE FUND  15

21. Health Insurance Fund..................................................................................15
22. Actuarial reports............................................................................................16
23. Civil proceedings to recover sums due to Health Insurance Fund................17
24. Recovery of sums due to Health Insurance Fund by deductions from earnings.........................................................................................................17
25. Recovery in bankruptcy, etc. ........................................................................18

PART 5  18

APPROVAL OF MEDICAL PRACTITIONERS, DENTISTS, OPTICIANS

AND SUPPLIERS OF PHARMACEUTICAL BENEFIT  18

26. Approval of medical practitioners, dentists, opticians and suppliers of pharmaceutical benefit..................................................................................18
27. Power to take disciplinary proceedings ........................................................19

PART 6  20

ADMINISTRATION  20

28. Determination of claims................................................................................20
29. Expenses of persons required to attend proceedings ....................................21
30. Powers of inspection.....................................................................................22
31. Information as to, and proof of, births, marriages and deaths.......................23

PART 7  23

MISCELLANEOUS AND GENERAL  23

32. Supplementary schemes................................................................................23
33. Power to modify or wind up existing schemes .............................................25
34. Reciprocal agreements with other countries.................................................25
35. General provisions as to offences and penalties ...........................................26
36. General provisions as to Acts, Regulations and Orders................................27
37. Saving ...........................................................................................................27
38. Citation..........................................................................................................27

SCHEDULE 1  28

PHARMACEUTICAL BENEFIT ADVISORY COMMITTEE  28 SCHEDULE 2  30

HEALTH SERVICES DISCIPLINARY TRIBUNAL  30

Page - 4  Revised Edition – 1 February 2008 26.500

Supporting Documents

ENDNOTES  32

Table of Legislation History.........................................................................................32 Table of Renumbered Provisions..................................................................................34 Table of Endnote References........................................................................................36

HEALTH INSURANCE (JERSEY) LAW 19671

A LAW to establish a system of insurance in relation to medical, dental and ophthalmic  services  and  pharmaceutical  supplies  required  in  connection therewith, and for purposes ancillary thereto

Commencement [see endnotes]

PART 1

INTRODUCTORY

1  Interpretation2

1. In this Law, unless the context otherwise requires – "appointed day" means 4th December 1967;3

"approved dentist" means a dentist for the time being approved under Article 26;

"approved medical practitioner" means a medical practitioner for the time being approved under Article 26;

"approved optician" means an optician for the time being approved under Article 26;

"approved  supplier"  means  a  person  lawfully  conducting  a  retail pharmacy business or other person for the time being approved under Article 26 as a supplier of pharmaceutical benefit;4

"benefit" means benefit under this Law;

"child" means a person below the upper limit of compulsory school age;

"child of the household" means, in relation to an insured person, any child who lives with the insured person as part of his or her household";

"compulsory insurance age" means the age of 65;5

"dental services" has the meaning assigned thereto by Article 12;

"dentist" has the same meaning as "registered dentist" in the Dentists (Registration)  (Jersey)  Law 1961,6  and  includes  an  ancillary  dental worker of any class established by Regulations made under Article 10 of the said Law;

"determining  officer"  means  the  determining  officer  appointed  in accordance with the provisions of Article 28(1);

"entry into insurance" means, in relation to any person, the date on which the person becomes an insured person;

"Health Insurance Fund" means the fund established and so called by virtue of Article 21;

"Health Services Disciplinary Tribunal" means the tribunal constituted and so called by virtue of Schedule 2 to this Law;

"Her Majesty's dominions" includes British protectorates and protected states and any territory in respect of which a mandate has been accepted by Her Majesty and is being exercised by the Government of any part of Her Majesty's dominions;

"insured person" means a person insured under this Law;

"insured person in Class A" and "insured person in Class B" have the meanings assigned thereto by Article 3;

"medical  practitioner"  has  the  same  meaning  as  "registered  medical practitioner"  in  the  Medical  Practitioners  (Registration)  (Jersey) Law 1960;7

"medical services" has the meaning assigned thereto by Article 10; "Minister" means the Minister for Social Security;

"money benefit" means medical benefit, dental benefit or ophthalmic benefit;

"officer" means a States' employee within the meaning of Article 2 of the Employment of States of Jersey Employees (Jersey) Law 20058;

"ophthalmic services" has the meaning assigned thereto by Article 14;

"optician" has the same meaning as "registered optician" in the Opticians (Registration) (Jersey) Law 1962;9

"Order" means an Order made by the Minister under this Law;

"person  lawfully  conducting  a  retail  pharmacy  business"  shall  be construed  in  accordance  with  Article 68(3)  of  the  Medicines  (Jersey) Law 1995;10

"pharmaceutical benefit" has the meaning assigned thereto by Article 15;

"Pharmaceutical  Benefit  Advisory  Committee"  means  the  committee constituted and so called by virtue of Schedule 1;

"pharmacist"  means  a  person  registered  as  a  pharmacist  under  the Pharmacy and Poisons (Jersey) Law 1952;11

"prescribed" means prescribed by Order;

"Social Security Law" means the Social Security (Jersey) Law 1974;12

"Social Security Tribunal" means the Tribunal constituted by Order under Article 33A of the Social Security (Jersey) Law 197413 14

2. For the purposes of this Law –

1. the upper limit of the compulsory school age means the age that is for the time being that limit by virtue of Article 2 of the Education (Jersey) Law 1999;15
2. a person who at any time attains the upper limit of the compulsory school age shall not be treated as being under that limit at any time thereafter, notwithstanding any change in that limit.16

3. For the purposes of this Law –

1. a person shall be deemed to be over or under any age therein mentioned if the person has or has not attained that age;
2. a person shall be deemed to be between 2 ages therein mentioned if the person has attained the first-mentioned age but has not attained the second-mentioned age;
3. a person shall not be deemed to have attained the age of 18 years until the commencement of the eighteenth anniversary of the day of the person's birth, and similarly with respect to any other age.17

2  General administration18

The Minister shall ensure that a sufficient number of officers are appointed to assist the Minister in the discharge of his or her functions under this Law and generally for the purpose of carrying this Law into effect.

PART 2

INSURED PERSONS

3  Insured persons

1. Subject to the provisions of this Law, every person who on or after the appointed day, being over the upper limit of the compulsory school age, is  in  Jersey  and  fulfils  such  conditions  as  may  be  prescribed  as  to residence in Jersey, shall become insured under this Law and thereafter continue throughout the person's life to be so insured.19
2. For the purposes of this Law, insured persons shall be divided into the following 2 classes –

1. Class A, which shall comprise insured persons not in Class B;
2. Class B, which shall comprise –

1. children of the household of insured persons,
2. insured persons over compulsory insurance age.20

4  Child of the family21 5  Dependant wife22

PART 3

BENEFIT

6  Right to benefit23

1. An insured person may claim benefit for himself or herself and any child of the household.
2. However, no claim may be made unless the insured person –

1. has been entered into insurance for at least 6 months; and
2. has paid such contributions, if any, as the person is required to pay under the Social Security Law.

7  Descriptions of benefit

The descriptions of benefit provided by this Law are as follows –

1. medical benefit;
2. dental benefit;
3. ophthalmic benefit;
4. pharmaceutical benefit.

8  Qualifying period24

9  Medical benefit

1. Subject to the provisions of this Law, where an insured person has paid fees to an approved medical practitioner for medical services provided to the person or any child of the household, he or she shall be entitled to medical benefit at such rate as the States shall by Regulations fix in respect of the fee charged for such services on each occasion when they have been provided.25
2. Regulations made by the States under paragraph (1) may provide that in such cases or classes of case as may be provided in the Regulations, an insured person shall be entitled to a different rate of medical benefit.
3. 26
4. 27

10  Medical services

In  this  Law,  "medical  service"  means  any  proper  and  necessary  service provided by a medical practitioner, but does not include any service falling within any of the following classes, namely –

1. any medical service which involves the application of special skill and experience of a degree or kind which general medical practitioners as a class cannot reasonably be expected to possess;
2. any medical service in respect of which a fee or other remuneration is payable to a medical practitioner out of the Social Security Fund under the Social Security Law;
3. medical services provided by a medical practitioner in respect of which the medical practitioner would not be entitled to recover any fees from the insured person or any other person if this Law had not been passed;
4. any medical service in respect of which any money benefit, other than medical benefit, is payable under this Law;
5. medical services of such other classes as may be prescribed;
6. medical  services  provided  to  persons  of  such  classes  as  may  be prescribed.28

11  Dental benefit

1. Subject to the provisions of this Law, where an insured person has paid fees to an approved medical practitioner or an approved dentist for dental services provided to the person or any child of the household, he or she shall be entitled to dental benefit at such rate or rates as the States shall by Regulations fix in respect of such services.29
2. Regulations made by the States under paragraph (1) may provide that in such cases or classes of case as may be provided in the Regulations, an insured person shall be entitled to a different rate of dental benefit.

12  Dental services

In this Law, "dental service" means any such service as the States shall by Regulations specify, but does not include –

1. dental services provided by a medical practitioner or dentist in respect of which the medical practitioner or dentist would not be entitled to recover any fees from the insured person or any other person if this Law had not been passed;
2. dental services provided to persons of such classes as may be prescribed.

13  Ophthalmic benefit

1. Subject to the provisions of this Law, where an insured person has paid fees to an approved optician for ophthalmic services provided to the person or any child of the household, the optician shall be entitled to

ophthalmic benefit at such rate or rates as the States shall by Regulations fix in respect of such services.30

2. Regulations made by the States under paragraph (1) may provide that in such cases or classes of case as may be provided in the Regulations, an insured person shall be entitled to a different rate of ophthalmic benefit.

14  Ophthalmic services

In this Law, "ophthalmic service" means any such service as the States shall by Regulations specify, but does not include –

1. ophthalmic  services  provided  by  an  optician  in  respect  of  which  the optician would not be entitled to recover any fees from the insured person or any other person if this Law had not been passed;
2. ophthalmic  services  provided  to  persons  of  such  classes  as  may  be prescribed.

15  Pharmaceutical benefit

1. For the purposes of this Law "pharmaceutical benefit" means –

1. in  relation  to  an  approved  medical  practitioner  or  an  approved dentist, any medicine, drug, appliance or material; and
2. in relation to a registered dentist, any medicine or drug, for the time being approved by the Minister under this Article.31

2. Subject to the provisions of this Law, an insured person shall be entitled to receive, for the treatment of the person and any child of the household, pharmaceutical benefit on prescription, that is to say, on a prescribed form given by an approved medical practitioner, an approved dentist or a registered dentist.32
3. An approved medical practitioner, an approved dentist or a registered dentist shall not be entitled to pharmaceutical benefit on a prescription given by himself or herself for his or her own treatment.33
4. Where  a  registered  dentist  gives  a  prescription  the  provisions  of Articles 16 and 27 (in so far as Article 27 relates to representation that conduct of an approved dentist has created an unreasonable charge on the Health Insurance Fund) shall apply to the registered dentist as though he or she were a dentist approved under Article 26(1).34
5. Subject to the provisions of Article 16, pharmaceutical benefit may be obtained from and supplied only by approved suppliers.
6. The Minister may by Order provide for the payment to an approved supplier by an insured person, in such manner as may be prescribed, of such  amount  as  may  be  prescribed  in respect  of  the  supply  by  that approved supplier of pharmaceutical benefit (hereinafter referred to as a "prescription  charge")  and  different  amounts  may  be  prescribed  for different descriptions of pharmaceutical benefit.
7. Any Order made under paragraph (6) may provide that in such cases or classes of case as may be prescribed, an insured person shall pay such

different rate of prescription charge as shall be prescribed, or shall pay no prescription charge.

8. Any Order made under paragraph (6) may provide that, where an insured person is excepted from liability to pay a prescription charge, the amount of  that  charge  may  be  recovered  from  the  authority  responsible  for providing the person with assistance when in need.
9. The Minister shall by Order  make provision for the remuneration of approved suppliers in respect of pharmaceutical benefit supplied by them in accordance with the provisions of this Law and any such Order may prescribe  the  terms  and  conditions  subject  to  which  pharmaceutical benefit shall be supplied and the terms and conditions subject to which payment for pharmaceutical benefit supplied by approved suppliers will be made.
10. No  Order  made  under  paragraph (9)  shall  come  into  force  until  the expiration of at least one month from the date on which it is made.35
11. Subject to paragraph (12), the Minister –

1. shall approve medicines, drugs, appliances and materials as items of pharmaceutical benefit for the purposes of this Law;
2. in so approving them, may make different provision –

1. for medicines and drugs that may be prescribed by approved medical  practitioners,  approved  dentists  and  registered dentists respectively, and
2. for  appliances  and  materials  that  may  be  prescribed  by approved  medical  practitioners  and  approved  dentists respectively; and

3. may at any time alter, revoke or vary any such approval.36

12. Before exercising his or her powers under paragraph (11) the Minister shall consult with the Pharmaceutical Benefit Advisory Committee.37
13. The Minister shall keep a list of items of pharmaceutical benefit and such list shall be open at all reasonable times to the inspection of any person without fee.38
14. As soon as reasonably practicable thereafter, the Minister shall cause a notice  to  be  published  in  the  Jersey  Gazette  of  the  exercise  of  the Minister's powers under paragraph (11).39
15. In  this  Article  "registered  dentist"  has  the  same  meaning  as  in  the Dentists Registration (Jersey) Law 1961.40

16  Supply of pharmaceutical benefit by approved medical practitioners or

approved dentists41

Provision may be made by Order for enabling approved medical practitioners and approved dentists to supply pharmaceutical benefit, at the cost of the Health Insurance Fund, in cases where it is required for the treatment of an insured person or any child of the household before the benefit can conveniently be obtained from an approved supplier.

17  Orders in relation to benefit

1. Provision may be made by Order for such purposes as appear to the Minister to be necessary or expedient for ensuring the due administration of this Law in relation to benefit and in particular but without prejudice to the generality of the foregoing –

1. for the issue to insured persons of evidence of insurance and for requiring insured persons to produce such evidence to such persons and at such times as may be specified in the Order;
2. for requiring the surrender to the Minister of such evidence on the happening of such events as may be specified in the Order;
3. for disqualifying a person for the receipt of any money benefit unless the person makes a claim therefor in the prescribed manner and  within  the  prescribed  time  and  furnishes  the  prescribed information and evidence;
4. for requiring approved medical practitioners, approved dentists and approved opticians to submit accounts to insured persons in the prescribed form and within the prescribed time;
5. for  entitling  an  insured  person  to  recover  from  an  approved medical  practitioner,  approved  dentist  or  approved  optician  the amount of any money benefit which the insured person has become disqualified for receiving by reason of a failure on the part of the medical  practitioner,  dentist  or  optician  to  comply  with  any requirement made by virtue of sub-paragraph (d);
6. for  the  payment  to  an  approved  medical  practitioner,  approved dentist  or  approved  optician,  in  such  circumstances  as  may  be prescribed, of any benefit to which an insured person would be entitled  in  respect  of  medical,  dental  or  ophthalmic  services provided  by the  medical  practitioner,  dentist  or  optician  to  the insured person or any child of the household if the insured person had paid fees for those services;
7. 42
8. as to the information and evidence to be furnished by persons applying for the supply of pharmaceutical benefit.43

2. Provision may also be made by Order –

1. for enabling a person to be appointed to exercise, on behalf of an insured person who may be or become unable for the time being to act, any right or power that the insured person may be entitled to exercise under this Law, and for authorizing a person so appointed to receive and deal with any sum payable by way of benefit on behalf of the insured person;
2. in connection with the death of any person, for enabling a claim for money benefit to be made or proceeded with in the name of the deceased person, for authorizing the payment or distribution of such  benefit  to  or  amongst  persons  claiming  as  the  personal representatives, legatees, heirs or creditors of the deceased person, or in cases  of illegitimacy of deceased persons, to or amongst others, and for dispensing with strict proof of the title of persons so claiming;

3. for extinguishing the right to any sum payable by way of benefit where payment thereof is not obtained within 6 months or such other period as may be prescribed from the time at which that sum is receivable in accordance with the Order.44

18  Money benefit to be inalienable

Subject to the provisions of this Law, money benefit shall not be capable of being assigned, charged or attached, nor shall it pass to any other person by operation of law, nor shall any claim be set off against the same except in such cases and subject to such conditions as the States may by Regulations specify.45

19  Limitation of amount of money benefit

Where the amount of the fee in respect of which any money benefit is payable is less than the amount of the benefit, the amount of the benefit shall be reduced to the amount of the fee.

20  Claims and notices sent by post

For the purposes of this Part of the Law, any claim or notice sent by post shall be deemed to have been made or given on the day on which it was posted.

PART 4

HEALTH INSURANCE FUND

21  Health Insurance Fund46

1. For the purposes of this Law, there shall be a fund called the "Health Insurance Fund" which shall be under the control and management of the Minister  and  into  which  shall  be  paid  the  Health  Insurance  Fund Allocations specified in Article 30 of the Social Security Law and such other sums as the States may determine, and out of which shall be paid all claims  for  money  benefit  and  all  sums  payable  in  respect  of pharmaceutical  benefit  provided  under  this  Law,  and  all  expenses incurred by the Minister in carrying this Law into effect.
2. Accounts of the Health Insurance Fund shall be prepared in such form, in such manner and at such times as the Minister may determine, and the Comptroller and Auditor General shall examine and certify every such account, and copies thereof (together with the report of the Comptroller and Auditor General thereon) shall be laid before the States.
3. Any monies forming part of the Health Insurance Fund may from time to time be paid over to –

1. the Treasurer of the States; or
2. an investment manager,

and  may,  by  either  of  them,  be  invested  in  accordance  with  such directions as may be given by the Minister for Treasury and Resources.

4. The Minister for Treasury and Resources may, after consultation with the Minister, appoint one or more investment managers and may by Order make provisions in relation to the appointment of such managers.
5. An Order made under paragraph (4) shall include provisions –

1. to ensure –

1. the appointment of a suitable person or persons,
2. that  regard  is  paid  to  the  need  for  diversification  of investment of the assets of the fund;

2. relating to the –

1. suitability of investments which the manager proposes to make,
2. retention  of  control  by  the  Minister  for  Treasury  and Resources over the investments and over the application of the assets of the fund, and
3. terms and conditions of appointment of investment managers including  the  further  delegation  by  such  an  investment manager of the powers of management and investment given by such appointment.

6. The Minister for Treasury and Resources, in giving any directions as to the  application  and  investment  or  reinvestment  of  the  monies  of  the Health Insurance Fund pursuant to paragraph (3), shall have regard to the –

1. need for diversification of investment of fund monies;
2. suitability of investments of any description which are proposed to be made; and
3. obtaining, at reasonable intervals, of proper advice.

7. In this Article –

1. "investment  manager"  means  a  person  or  persons  reasonably believed by the Minister to be suitably qualified by ability in and practical  experience  of  financial  matters  to  make  investment decisions on his or her behalf;
2. the reference in paragraph (6)(c) to "proper advice" is a reference to the advice of a person or persons reasonably believed by the Minister for Treasury and Resources to be qualified by his or her ability in and practical experience of financial matters to give such advice.

8. Regulations made under the Public Finances (Jersey) Law 2005,47 if and to the extent that they apply to any monies paid over under paragraph (3), are subject to this Article.

22  Actuarial reports

1. An actuary, appointed for the purpose by the Minister, shall review the operation of this Law during the period ending with 31st December 1972

and thereafter during the period ending with 31st December in every fifth year and, on each such review, make a report to the Minister on the financial condition of the Health Insurance Fund and the adequacy or otherwise of the contributions payable under this Law to support the benefits thereunder having regard to its liabilities under this Law:

Provided  that  the  Minister  may  at  any  time  reduce  the  period  to  be covered by a review and report under this paragraph and accelerate the making of that and subsequent reviews and reports accordingly.

2. A copy of every report under this Article shall be laid before the States as soon as may be after it is made.

23  Civil proceedings to recover sums due to Health Insurance Fund

Proceedings for the recovery of sums due to the Health Insurance Fund may be instituted by the Treasurer of the States, either in term or in vacation, and, notwithstanding  any  enactment  or  rule  of  law  to  the  contrary,  any  such proceedings may be brought at any time within 10 years from the time when the matter complained of arose.48

24  Recovery of sums due to Health Insurance Fund by deductions from

earnings

1. Where judgment has been obtained for the payment of any sum due to the Health Insurance Fund by any individual (in this Article referred to as the "judgment debtor") then, notwithstanding any enactment or rule of law to the contrary and without prejudice to any other means of recovery, the sum payable under the judgment together with the recoverable costs (in this Article referred to as the "judgment debt") may be recovered in accordance with the provisions of this Article.
2. Where it is desired to recover any judgment debt under this Article –

1. the Minister may serve notice on the employer for the time being of  the  judgment  debtor  requiring  the  employer  to  furnish  the Minister, within such time (not being less than 7 days) as may be specified in the notice with a certificate of the amount earned by the judgment debtor in the employ of the employer during such past period or periods as may be so specified; and
2. whether or not such a certificate as aforesaid has been required to be furnished, the Minister may serve notice on the employer for the time being of the judgment debtor requiring the employer to make such deductions from the earnings of the judgment debtor as may, having regard to all the circumstances of the case, appear to the Minister to be reasonable and to pay the amounts so deducted to the Minister at such times as may be specified in the notice, and the amount so paid shall be applied towards the satisfaction of the judgment debt:

Provided that where the judgment debt has been ordered to be paid by instalments, the Minister shall not require such deductions to be made as would at any date reduce the judgment debt by a greater

amount than that by which it would have been reduced had the instalments been paid.

3. Any employer who refuses or without lawful excuse fails to furnish a certificate  which  under  paragraph (2)(a)  the  employer  is  required  to furnish  within  such  time  as  may  be so  required, or  who  furnishes  a certificate which is false in a material particular, shall be liable to a fine not exceeding level 2 on the standard scale.49
4. Any  notice  under  paragraph (2)(b)  may  at  any  time  be  varied  by  a subsequent notice under that sub-paragraph.
5. A copy of every notice served under paragraph (2)(b) or (4) shall be served also on the judgment debtor.
6. Where any employer fails to deduct any amount which the employer is required by virtue of paragraph (2)(b) to deduct, or to pay to the Minister any  amount  so  deducted,  the  amount  may  be  recovered  from  the employer as a debt due to the Health Insurance Fund.
7. Service of any notice under this Article may be effected by sending it by the recorded delivery service to the person on whom it is to be served at his or her usual or last-known place of abode or his or her principal place of business or, in the case of a company, at its registered office.

25  Recovery in bankruptcy, etc.

1. Where the Royal Court has granted –

1. an application by any person to place the person's property under the control of the Court (de remettre ses biens entre les mains de la Justice); or
2. an application for the holding of a bénéfice d'inventaire on the estate of any deceased person,

the autorisés or the Viscount, as the case may be, shall pay out of the property of such person or the estate of such deceased person any amount due to the Health Insurance Fund by such person or such deceased person at the time of the granting of the application.

2. In the event of any  dégrèvement,  réalisation,  désastre, bankruptcy or composition with creditors, any amount due to the Health Insurance Fund shall rank for payment  pari passu with other privileged debts and in priority to all other debts.

PART 5

APPROVAL OF MEDICAL PRACTITIONERS, DENTISTS, OPTICIANS AND SUPPLIERS OF PHARMACEUTICAL BENEFIT

26  Approval of medical practitioners, dentists, opticians and suppliers of

pharmaceutical benefit

1. Every  medical  practitioner,  every  dentist  and  every  optician  who complies with such conditions as the States may by Regulations specify

shall be approved by the Minister for the purposes of this Law if he or she applies to the Minister for such approval in the prescribed manner.

2. Every person lawfully conducting a retail pharmacy business shall be approved by the Minister as a supplier of pharmaceutical benefit for the purposes of this Law if the supplier applies to the Minister for such approval in the prescribed manner and in the application undertakes to supply pharmaceutical benefit at the prices fixed, and in accordance with the terms and conditions prescribed, from time to time under this Law.50
3. The  Minister  may  also  approve  any  other  person  as  a  supplier  of pharmaceutical  benefit  for  the  purposes  of  this  Law  if  the  Minister considers the supplier competent and if the supplier undertakes to supply the  same  at  the  prices  fixed,  and  in  accordance  with  the  terms  and conditions prescribed, from time to time under this Law.
4. The Minister shall keep a list of approved medical practitioners, dentists, opticians and suppliers and such list shall be open at all reasonable times to the inspection of any person without fee.

27  Power to take disciplinary proceedings

1. Where it is represented to the Minister by any person that the conduct of any approved medical practitioner, approved dentist, approved optician or approved supplier (hereafter in this Article referred to as a "practitioner") has been such as to be prejudicial to the efficient administration of this Law or as to create an unreasonable charge on the Health Insurance Fund, the Minister shall refer the matter to the Health Services Disciplinary Tribunal and the said Tribunal shall enquire into the matter and, if of the opinion that the representation is well-founded, shall recommend to the Minister –

1. that the approval of the practitioner be withdrawn; or
2. where the representation is that the conduct of the practitioner has been  such  as  to  create  an  unreasonable  charge  on  the  Health Insurance Fund, that the practitioner be required to pay into the Fund an amount not exceeding the amount estimated by the said Tribunal to be that of the additional charges imposed on the Fund by reason of the conduct aforesaid.

2. Where  the  Health  Services  Disciplinary  Tribunal  recommends  to  the Minister that the approval of a practitioner should be withdrawn, the Minister may withdraw such approval either for a definite or an indefinite period  and  may,  at  any  time  thereafter,  restore  such  approval  if  the Minister is of the opinion that it is proper and equitable to do so.
3. Where  the  Health  Services  Disciplinary  Tribunal  recommends  to  the Minister that a practitioner should be required to pay an amount into the Health Insurance Fund, the Minister may confirm the recommendation and, in such a case, the practitioner shall pay the said amount to the Minister within the period of 28 days from the date of the communication to the practitioner of the decision of the Minister, or within such longer period as the Minister may allow and, if the practitioner fails to do so, the

Minister shall withdraw the practitioner's approval and the provisions of paragraph (2) shall apply accordingly.

4. Where the approval of a practitioner is withdrawn in accordance with the provisions of paragraph (2) or where a practitioner is required to pay an amount into the Health Insurance Fund in accordance with the provisions of paragraph (3), the practitioner may appeal to the Inferior Number of the Royal Court, either in term or in vacation, against the decision of the Minister.
5. Where a practitioner appeals against a decision of the Minister under paragraph (3)  and  the  appeal  is  abandoned  or  dismissed,  the  said paragraph shall have effect as if for the reference therein to the period of 28 days there were substituted a reference to 28 days from the date on which the appeal was abandoned or dismissed.
6. The decision of the Inferior Number of the Royal Court on an appeal under this Article shall be final and without further appeal, but without prejudice to the right of the Inferior Number of the Royal Court to refer the matter to the Superior Number of the Royal Court.
7. Provision may be made by Order –

1. as to the procedure to be followed in proceedings before the Health Services Disciplinary Tribunal; and
2. for summoning persons to attend and give evidence or produce documents  and  for  authorizing  the  administration  of  oaths  to witnesses.

It is hereby declared that the power to prescribe procedure includes power to make provision as to the representation of a person, at any hearing of a case, by an advocate or solicitor.

PART 6

ADMINISTRATION

28  Determination of claims51

1. Subject to this Law, provision shall be made by Order –

1. for  the  determination  of  any  question  arising  under  or  in connection with this Law, including any claim for benefit, by one or more determining officers appointed by the Minister; and
2. if the insured person is dissatisfied with any determination of a determining  officer  under  this  Law,  for  the  matter  to  be redetermined by a second determining officer.

2. Orders under paragraph (1) shall provide for –

1. appeals to the Social Security Tribunal from any determination of a determining officer;
2. the  reference  to  the  Inferior  Number  of  the  Royal  Court  for decision of any question of law arising in connection with the

determination  of  a  question  by  a  determining  officer  or  of  an appeal by the Social Security Tribunal;

3. appeals to the Inferior Number of the Royal Court from a decision of the Social Security Tribunal on any question of law.52

3. However, the Social Security Tribunal shall not have jurisdiction unless a second determining officer has first reconsidered the matter in accordance with an Order made under paragraph (1)(b).53
4. The decision of the Inferior Number of the Royal Court on any reference or appeal arising in connection with this Law shall be final and without further appeal, but this is without prejudice to the right of the Inferior Number of the Royal Court to refer the question at issue to the Superior Number of the Royal Court.
5. Subject to this Article, any Order under this Article may, in relation to any consideration of a  matter by a determining officer or the Social Security Tribunal in accordance with the Order, include provision –

1. as to the procedure which is to be followed, the form which is to be used for any document, the evidence which is to be required and the circumstances in which any official record or certificate is to be sufficient or conclusive evidence;
2. as to the time to be allowed for making any claim or appeal, for raising any question with a view to the review of any decision or for producing any evidence;
3. for summoning persons to attend and give evidence or produce documents  and  for  authorizing  the  administration  of  oaths  to witnesses; or
4. for the representation of one person, at any hearing of a case, by another person, whether or not that other person has professional qualifications.

6. Where, in any proceedings for an offence under this Law or for the recovery of any sums due to the Health Insurance Fund, any question arises that is required by an Order under this Article to be determined in accordance with the Order, provision may be made by Order –

1. that the decision relating to that question shall be conclusive for the purpose of those proceedings;
2. for obtaining such a decision when it has not been given; and
3. for  adjourning  the  proceedings  until  such  a  decision  has  been given.

29  Expenses of persons required to attend proceedings

1. The Minister may pay such travelling and other allowances, including compensation  for  loss  of  remunerative  time,  as  the  Minister  may determine –

1. to any member of the Social Security Tribunal, the Health Services Disciplinary  Tribunal  or  the  Pharmaceutical  Benefit  Advisory Committee;

2. to any person required to attend before the Social Security Tribunal or the Health Services Disciplinary Tribunal.54

2. The Minister  may also pay to any such  member  any other expenses incurred in connection with the member's work as such which appear to the Minister to be reasonable.

30  Powers of inspection

1. Any officer in an administration of the States for which the Minister is assigned responsibility generally or specially authorized in writing in that behalf (in this Article referred to as an "inspector") shall, for the purposes of the execution of this Law, be entitled, subject to the production by the inspector if so required of evidence of the inspector's authority, to do all or any of the following things, namely –

1. to enter at all reasonable times any premises or place liable to inspection under this Article;
2. to make such examination and inquiry as may be necessary for ascertaining whether the provisions of this Law are being or have been complied with in any such premises or place;
3. to examine, either alone or in the presence of any other person, as the inspector thinks fit, with respect to any matters under this Law on which the inspector may reasonably require information, every person whom the inspector finds in any such premises or place, or whom the inspector has reasonable cause to believe to be or to have been an insured person, and to require every such person to be so examined;
4. to require the production of, and to inspect, examine and copy any record or other document kept in pursuance of any Order or used or issued for the purposes of this Law or any Order;
5. to exercise such other powers as may be necessary for carrying this Law into effect.

2. The occupier of any premises or place liable to inspection under this Article (being  any  such  premises  or  place  as  are  referred  to  in paragraph (4)(a))  and  any  person  who  is  or  has  been  employing  any person, and the servants and agents of any such occupier or other person, and any insured person, shall furnish to an inspector all such information and  produce  for  inspection  all  such  documents  as  the  inspector  may reasonably require for the purpose of ascertaining whether any person is or was entitled to benefit.55
3. If any person –

1. wilfully delays or obstructs an inspector in the exercise of any power under this Article; or
2. refuses  or  neglects  to  answer  any  question  or  to  furnish  any information or to produce any record or document when required to do so under this Article,

the person shall be liable, in the case of a first offence, to a fine not exceeding level 2 on the standard scale and, in the case of a second or subsequent offence, to a fine not exceeding level 2 on the standard scale:

Provided that no person shall be required under this Article to answer any question  or  to  give  any  evidence  tending  to  incriminate  himself  or herself.56

4. The premises and places liable to inspection under this Article are –

1. any premises or place where an inspector has reasonable grounds for supposing that any persons are employed, except that they do not  include  any  private  dwelling-house  not  used  by  or  by permission of the occupier for the purposes of a trade or business;
2. any premises or place used, or which during the preceding year have been used, by an approved supplier for the purposes of the supplier's business.

31  Information as to, and proof of, births, marriages and deaths

1. The States may make Regulations to provide for the furnishing by the superintendent-registrar and registrars, subject to the payment of such fee as may be prescribed by the Regulations, of such information for the purposes of this Law, including copies or extracts from the registers in their custody, as may be so prescribed.
2. Where the age, marriage or death of a person is required to be ascertained or proved for the purposes of this Law, any person shall –

1. on presenting to the superintendent-registrar, or to the registrar having the custody of the register wherein particulars of the birth, marriage  or  death,  as  the  case  may  be,  of  the  first-mentioned person are entered, a duly completed requisition in writing in that behalf; and
2. on payment of a fee of £5,

be entitled to obtain a certified copy of the entry of those particulars.57

3. Requisitions for the purposes of paragraph (2) shall be in such form and contain such particulars as may from time to time be specified by the Minister, and suitable forms thereof shall, on request, be supplied without charge by the Minister.
4. In  this  Article,  "superintendent-registrar"  and  "registrar"  mean respectively the Superintendent Registrar and a registrar appointed under the Marriage and Civil Status (Jersey) Law 2001.58

PART 7

MISCELLANEOUS AND GENERAL

32  Supplementary schemes

1. Any body of persons claiming to represent, or to be entitled to be treated as representing, insured persons of any class and (if in so far as the class is  a  class  of  employed  persons)  their  employers  may  submit  to  the Minister a scheme (in this Law referred to as a "supplementary scheme")

for supplementing the rights conferred on those insured persons by this Law, whether by providing for additional payments in respect of medical, dental and ophthalmic services or for the supply of additional medicines, drugs, appliances or materials, or by providing for payments in cases for which benefit is not provided by this Law, or otherwise.

2. The  Minister  may  by  Order  approve,  whether  with  or  without amendment, any supplementary scheme if the Minister is satisfied that it is expedient that the scheme should come into operation:

Provided that the Minister, before approving a supplementary scheme, shall take steps to ascertain, so far as practicable, the views of any insured persons or employers affected thereby who in the opinion of the Minister are not represented by the body submitting the scheme.

3. Subject to the provisions of this Article, a supplementary scheme may –

1. apply for the purposes of the scheme (including in particular the purpose of determining any question as to the application of the scheme to any person or class of persons) any of the provisions of this Law or of any Orders, with or without modifications;
2. make such provision for the constitution of a body to be charged with  the  administration  of  the  scheme  and  with  respect  to  the supervision of the administration of the scheme and accounts as the Minister considers to be necessary for the purpose of giving effect to the scheme (including provision for the making of returns to the Minister as to matters affecting the operation of the scheme);
3. provide for the participation of the Minister in the administration of the scheme to such an extent and for such purposes as may be therein specified;
4. provide for the defraying, out of any funds which may be available for the purposes of the scheme, of such fees and other charges as may be determined by the Minister, in respect of the participation of the Minister in the administration of the scheme as aforesaid;
5. contain  such  other  provisions  as  the  Minister  considers  to  be necessary for the purpose of giving effect to the scheme.

4. No  part  of  the  funds  required  for  providing  benefits  under  a supplementary  scheme  or  otherwise  in  connection  therewith  shall  be derived from monies provided by the States:

Provided  that  nothing  in  this  paragraph  shall  prevent  the  making,  in respect of persons whose remuneration is or may be defrayed out of monies provided by the States, of a scheme whereunder contributions are payable by employers.

5. The provisions (other than this Article) of this Law, and the provisions of any  Orders  shall  not,  except  in  so  far  as  they  are  applied  by  a supplementary scheme, apply to or have effect in relation to or for the purposes of the scheme.
6. A supplementary scheme, when approved by the Minister, shall continue in force until determined in accordance with the provisions thereof.
7. The Minister may by Order –

1. vary or amend the provisions of a supplementary scheme in any manner and at any time if so requested by –

1. the body by whom it was submitted or any other body of persons which, in the opinion of the Minister, is concerned as representing insured persons or employers, or
2. the body charged with the administration of the scheme; and

2. where it appears to the Minister that, having regard to any periodic audit and valuation, the fund constituted under the scheme –

1. is or is likely to become, and is likely to continue to be, insufficient to discharge its liabilities, or
2. is  and  is  likely  to  continue  to  be  more  than  reasonably sufficient to discharge its liabilities,

after  consultation  with  the  last  mentioned  body,  make  such modifications in any of the rates of contribution or in relation to any  benefit  under  the  scheme  as  appear  to  the  Minister  to  be required in order to make the fund, as the case may be, sufficient or no more than reasonably sufficient to discharge its liabilities,

and a supplementary scheme may empower the body charged with the administration of the scheme to make, if the Minister so directs, such temporary modification in any of the rates of contribution or in relation to any benefit under the scheme as are, in the opinion of the Minister, sufficient  to  secure  the  solvency  of  the  fund  constituted  under  the scheme.

33  Power to modify or wind up existing schemes59

Provision for modifying or winding up, in connection with the enactment of this Law, any scheme for the provision of medical, dental or ophthalmic services or the supply of pharmaceutical requirements (including any scheme established by or under any enactment and any scheme evidenced only by one or more policies  of  insurance)  may  be  made  by  order  of  such  Minister  as  may  be determined by the Minister for Treasury and Resources to be appropriate in relation to the scheme to which the order is to apply or, if the Minister for Treasury and Resources determines that there is no such appropriate Minister, by order of the Minister for Treasury and Resources personally.

34  Reciprocal agreements with other countries60

1. For the purpose of giving effect to any agreement with the government of the United Kingdom or of any part of Her Majesty's dominions or the government of any other country (including any agreement between the government of the United Kingdom and the government of any part of Her  Majesty's  dominions  or  of  any  other  country  which  has  been extended or applies to Jersey) providing for reciprocity in matters relating to the treatment of sickness and bodily defects, the States may, by Act, provide for this Law to be read as modified or adapted, in its application to  cases  affected  by  the  agreement,  to  the  extent  required  by  the agreement.

2. Where the States have made an Act under paragraph (1), this Law shall be read as modified so as to include provision –

1. for securing that acts, omissions and events having any effect for the purposes of the law of the country in respect of which the agreement  is  made  shall  have  a  corresponding  effect  for  the purposes of this Law (but not so as to confer a right to double benefit);
2. for making any provisions as to administration and enforcement contained in this Law, or in any enactment thereunder, applicable also for the purposes of the law of the said country;
3. for making any financial adjustments by payments into or out of the Health Insurance Fund.

35  General provisions as to offences and penalties

1. If any person –

1. for the purpose of obtaining any benefit or payment under this Law, whether for the person or some other person, or for any other purpose connected with this Law –

1. knowingly makes any false statement or false representation or withholds any material information, or
2. produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which the person knows to be false in a material particular; or

2. with intent to deceive –

1. forges or alters any document issued for the purposes of this Law,
2. uses, or lends to or allows to be used by any other person, any such document, or
3. has  in  the  person's  possession  any  document  so  closely resembling such a document as to be calculated to deceive,

the person shall be liable to imprisonment for a term not exceeding seven years or to a fine, or both.61

2. Provision may be made by Order for the recovery of monetary penalties in respect of any offence under this Law, being a contravention of or failure to comply with any provisions of the Order, so, however, that such penalties shall not exceed level 2 on the standard scale for each offence, together with, in the case of a continuing offence, a further level 2 on the standard scale for each day during which the offence continues after conviction thereof.62
3. Where any offence under this Law which has been committed by a body corporate  is  proved  to  have  been  committed  with  the  consent  or connivance of, or to be attributable to any negligence on the part of, any director, manager, secretary or other officer of the body corporate, he or she as well as the body corporate, shall be deemed to be guilty of that offence  and  shall  be  liable  to  be  proceeded  against  and  punished accordingly.

4. Nothing in this Article shall be construed as preventing the recovery by means of civil proceedings of any sums due to the Health Insurance Fund.

36  General provisions as to Acts, Regulations and Orders

1. The Minister may make Orders for prescribing any matter which is to be prescribed under this Law.63
2. Except in so far as this Law otherwise provides, any power conferred thereby to make any Act, Regulations or Order may be exercised –

1. either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case;
2. so as to  make, as respects the cases  in relation to which it is exercised –

1. the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
2. the same provision for all cases in relation to which the power is exercised or different provision for different cases or classes of case, or different provision as respects the same case or class of case for different purposes of this Law,
3. any such provision either unconditionally or subject to any specified condition.

3. Without  prejudice  to  any  specific  provision  of  this  Law,  any  Act, Regulations or Order under this Law may contain such incidental or supplementary provisions as appear to the States or, as the case may be, the Minister making the Order, to be expedient for the purposes of the Act, Regulations or Order.
4. The Subordinate Legislation (Jersey) Law 1960,64 shall apply to Orders made under this Law.

37  Saving

For the avoidance of doubt, it is hereby declared that nothing in this Law shall be deemed to authorize any person to undertake any work, provide any service or supply any goods which, under any other enactment, the person is prohibited from undertaking, providing or supplying.

38  Citation

This Law may be cited as the Health Insurance (Jersey) Law 1967.

SCHEDULE 1 (Articles 1 and 15)

PHARMACEUTICAL BENEFIT ADVISORY COMMITTEE

1 (1)  In this Schedule, the "Advisory Committee" means the Pharmaceutical

Benefit Advisory Committee.

(2)  References  in  this  Schedule  to  approved  suppliers  are  references  to approved suppliers who are pharmacists.65

2  The Advisory Committee shall consist of –

1. a chairman appointed by the Minister;
2. 3  approved  medical  practitioners  and  2  approved  suppliers appointed in accordance with the provisions of paragraph 6 of this Schedule;
3. the Medical Officer of Health;
4. an officer of the Department of Employment and Social Security appointed by the Minister;
5. a pharmacist or a medical practitioner appointed by the Minister;
6. the Chief Pharmacist at the General Hospital.66

3  The Minister shall appoint a secretary of the Advisory Committee and

there shall be paid to the secretary such remuneration and allowances as the Minister thinks fit.

4 (1)  The chairman and other appointed members of the Advisory Committee

shall hold office for a period of 12 months ending on the twelfth day of April and shall be eligible for re-appointment.67

2. The chairman or any appointed member of the Advisory Committee shall cease to hold office –

1. if the chairman or member tenders his or her resignation in writing to the Minister;
2. if the chairman or member appoints a special attorney without whom he or she may not transact in matters real or personal;
3. if a curator is appointed to the chairman's or member's person or his or her property; or
4. if, without reasonable excuse, the chairman or member absents himself or herself from 3 consecutive meetings of the Advisory Committee.

3. A person appointed to fill a casual vacancy in the office of chairman or member of the Advisory Committee shall hold office until the date on which the person in whose place the person is appointed would have ceased to hold office.

5  The  following  persons  shall  be  ineligible  for  appointment  under

paragraph 2(a),  namely,  members  of  the  States,  medical  practitioners, dentists, opticians and pharmacists, and persons who hold any paid office or  other  place  of  profit  under  the  Crown  or  the  States  or  any administration of the States or any parochial authority.68

6  The  approved  medical  practitioners  and  approved  suppliers  to  be

appointed in pursuance of paragraph 2(b) shall be appointed respectively by the persons who on the 21st day preceding that on which the term of office is to commence are approved medical practitioners or, as the case may be, approved suppliers.69

7  The Advisory Committee shall appoint either of the members appointed

in  pursuance  of  paragraph 2(d)  or  (e)  of  this  Schedule  to  be  vice-

chairman of the Advisory Committee, and in the absence of the chairman

the vice-chairman shall preside at meetings of the Advisory Committee.70 8  Subject to the provisions of paragraph 7, any member of the Advisory

Committee may appoint a deputy to act on the member's behalf at any

meeting of the Advisory Committee at which the member is unable to be

present  and  if  a  deputy  has  been  so  appointed  and  the  deputy's

appointment  notified to the secretary of the Advisory Committee the

deputy shall be entitled to act in the place of the person by whom the

deputy is appointed:

Provided that an approved medical practitioner or an approved supplier may only appoint a person of like qualifications to act on the medical practitioner's or approved supplier's behalf and a person appointed under paragraph 2(f)  of  this  Schedule  may  only  appoint  the   Deputy  Chief Pharmacist  at  the  General  Hospital  to  act  on  the  Chief  Pharmacist's behalf.71

9  On  any  matter  on  which  the  votes  of  the  Advisory  Committee  are

divided, the manner in which the members have voted shall be recorded. 10  Seven members of the Advisory Committee, including at least 2 approved

medical practitioners and one approved supplier, constitute a quorum.72

11  The Minister may by Order make provision for regulating any matter

which, in the Minister's opinion, requires regulating for the purpose of carrying any of the provisions of this Schedule into effect.

SCHEDULE 2 (Articles 1 and 27)

HEALTH SERVICES DISCIPLINARY TRIBUNAL

1  In this Schedule, the "Tribunal" means the Health Services Disciplinary

Tribunal.

2  The States, on the recommendation of the Minister, shall appoint from

among the advocates and solicitors of the Royal Court of not less than 5 years standing, to hold office during such period as the States may direct, a chairman of the Tribunal to preside at sittings of the Tribunal and a deputy chairman of the Tribunal to preside at such sittings where the chairman is unable to preside or is an interested party to the matter before the Tribunal.

3 (1)  The States, on the recommendation of the Minister, shall constitute a

panel of not less than 5 persons who may be called upon to serve as members of the Tribunal.

2. The following persons shall be ineligible for inclusion in the said panel, namely, Jurats, members of the States, advocates and solicitors of the Royal Court, medical practitioners, dentists, opticians and pharmacists, and persons who hold any paid office or other place of profit under the Crown or the States or any administration of the States or any parochial authority.73
3. The constitution of the said panel may be reviewed from time to time, and the States, on the recommendation of the Minister, may make such additions thereto and deletions therefrom as they consider necessary.

4 (1)  The Minister shall constitute 4 panels of persons who may be called upon

to serve as members of the Tribunal, namely –

1. a panel of not less than 4 medical practitioners;
2. a panel of not less than 4 dentists;
3. a panel of not less than 4 opticians; and
4. a panel of not less than 4 pharmacists.74

2. In relation to the constitution of each of the panels mentioned in sub- paragraph (1), the Minister shall consult with such insular organization as the Minister may recognize as representative of the profession concerned.
3. The constitution of the said panels may be reviewed from time to time and, subject to sub-paragraph (2), the Minister may make such additions thereto or deletions therefrom as the Minister considers necessary.

5  The Tribunal shall consist of the chairman or deputy chairman and of

4 members selected by the Minister for each sitting, 2 from the panel constituted  under  paragraph 3  of  this  Schedule  and  2  from  a  panel constituted under paragraph 4 of this Schedule, being persons belonging to the same profession as the person whose case is being investigated.

6  The Minister shall appoint a secretary of the Tribunal and there shall be

paid to the secretary such remuneration and allowances as the Minister thinks fit.

ENDNOTES

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References

1 This Law has been amended by the States of Jersey (Amendments and

Construction Provisions No. 8) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government

2 Article 1(1)  definition "adult dependant" deleted by L.27/1969

definitions "contribution week", "employed contributor's employment", "employer's contribution", "employed person", "employment", "the Health Insurance Tribunal", "the Insular Insurance Law", "insurance stamps", "non-employed person", "self-employed person" deleted by L.22/1974

definitions "authorized seller of poisons", "pharmaceutical chemist" deleted by L.6/1996

definition "child of the family" substituted by definitions "child" and "child of the household" by L.9/2007

definitions "beneficiary", "dependant", "dependant wife" and "Family Allowances Law" deleted by L.9/2007

3 see R&O.5000

4 Article 1(1)  definition "approved supplier" amended by L.6/1996

5 Article 1(1)  definition "compulsory insurance age" substituted by L.22/1974

6 chapter 20.100

7 chapter 20.600

8 chapter 16.325

9 chapter 20.750

10 chapter 20.625

Article 1(1)  definition "person lawfully conducting a retail pharmacy business"

inserted by L.6/1996

11 chapter 20.775

Article 1(1)  definition "pharmacist" inserted by L.6/1996

12 chapter 26.900

Article 1(1)  definition "the Social Security Law" inserted by L.22/1974

13 Article 1(1)  definition "Social Security Tribunal" substituted by R&O.127/2007;

former definition inserted by L.22/1974

14 Article 1(1)  amended by R&O.126/2005, R&O.155/2005

15 chapter 10.800

16 Article 1(2)  amended by L.27/1999

17 Article 1(3)  amended by L.22/1974

18 Article 2  substituted by R&O.48/2005

19 Article 3(1)  amended by R&O.127/2007

20 Article 3(2)  amended by L.9/2007

21 Article 4  repealed by L.9/2007; former Article substituted by L.22/1974

22 Article 5  repealed by L.9/2007

23 Article 6  substituted by L.9/2007

24 Article 8  repealed by L.9/2007; former Article amended by L.1/1968, L.22/1974

25 Article 9(1)  amended by L.9/2007

26 Article 9(3)  repealed by L.9/2007

27 Article 9(4)  repealed by L.9/2007

28 Article 10  amended by L.22/1974

29 Article 11(1)  amended by L.9/2007

30 Article 13(1)  amended by L.9/2007

31 Article 15(1)  substituted by L.15/1994

32 Article 15(2)  substituted by L.15/1994, amended by L.9/2007; former paragraph

inserted by L.13/1985

33 Article 15(3)  substituted by L.15/1994; former paragraph inserted by L.13/1985

34 Article 15(4)  substituted by L.15/1994; former paragraph inserted by L.13/1985

35 Article 15(10)  substituted by L.15/1994; former paragraph amended by L.27/1969,

L.13/1985

36 Article 15(11)  substituted by L.25/1996; former paragraph inserted by L.15/1994 which

provided that "Any medicine, drug, appliance or material which immediately before the commencement of this Law was prescribed in an Order made under paragraph (1) or (2) of Article 15 of the principal Law, as those paragraphs were in force before that commencement, shall for all purposes be deemed to have been approved by the Committee under paragraph (11) of that Article as amended by this Law"

37 Article 15(12)  inserted by L.15/1994 and substituted by R&O.48/2005

38 Article 15(13)  inserted by L.15/1994

39 Article 15(14)  inserted by L.15/1994

40 chapter 20.100

Article 15(15)  inserted by L.15/1994

41 Article 16  amended by L.9/2007

42 Article 17(1)(g)  deleted by L.9/2007

43 Article 17(1)  amended by L.9/2007

44 Article 17(2)  amended by L.17/1970, L.9/2007

45 Article 18  amended by L.13/1973

46 Article 21  substituted by R&O.48/2005

47 L.14/2005

48 Article 23  amended by L.6/1996

49 Article 24(3)  amended by L.22/1984, L.6/1996

50 Article 26(2)  amended by L.6/1996

51 Article 28  substituted by L.9/2007

52 Article 28(2)  amended by R&O.127/2007

53 Article 28(3)  amended by R&O.127/2007

54 Article 29(1)  amended by L.22/1974

55 Article 30(2)  amended by L.22/1974

56 Article 30(3)  amended by L.6/1996

57 Article 31(2)  amended by L.6/1996

58 chapter 12.600

Article 31(4)  substituted by L.31/2001

59 Article 33  substituted by R&O.48/2005

60 Article 34  amended by L.9/2007

61 Article 35(1)  amended by L.22/1974, L.22/1984, L.6/1996, L.28/2003

62 Article 35(2)  amended by L.22/1984, L.6/1996

63 Article 36(1)  inserted by L.13/1985

64 chapter 15.720

65 Schedule 1  paragraph 1 amended by L.6/1996

66 Schedule 1  paragraph 2 substituted by L.35/1997; former paragraph amended by

L.27/1969, L.20/1987, L.6/1996

67 Schedule 1  paragraph 4 amended by L.20/1987

68 Schedule 1  paragraph 5 amended by L.6/1996

69 Schedule 1  paragraph 6 amended by L.35/1997

70 Schedule 1  paragraph 7 amended by L.35/1997

71 Schedule 1  paragraph 8 amended by L.35/1997

72 Schedule 1  paragraph 10 inserted by L.20/1987, amended by L.35/1997

73 Schedule 2  paragraph 3, sub-paragraph (2) amended by L.6/1996

74 Schedule 2  paragraph 4, sub-paragraph (1) amended by L.6/1996